Wandering as a Heuristic

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Patrick highlights recent unacceptable behavior on the part of AP over at Making Light. He makes some excellent points about how restrictive and ridiculous this sort of attempt at strong-arming individuals can be. A core principle of copyright law is the role of “fair use” to allow others to provide feedback, response, analysis, and commentary on a given work or material, since copyright law itself is provided as an incentive to promote scientific and cultural advancement. A blogger referencing (e.g. linking to the article, quoting specific passages, or re-summarizing/restating the basis of the article) a work clearly falls within this principle, on several fronts.

I will concede such cases as where the majority or entirety of the article is quoted, in particular in situations where it is done so without commentary, but that’s not what’s being discussed, here. What’s happening in THIS circumstance is pure, unbridled greed, without even a nod to the law as it stands.

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include â

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.